W. Va. Code R. § 65-7-14 - Decision

14.1. Except as provided later in this section, the board shall issue a certificate of need only if it makes the following written findings:

14.1.a. That the proposed new institutional health service is needed;

14.1.b. With the exception of emergency circumstances that pose a threat to the public health, that the new institutional health service is consistent with the State Health Plan. If the proposed new institutional health service is not discussed in the State Health Plan, the board shall not disapprove the application solely for that reason;

14.1.c. That superior alternatives to the services in terms of cost, efficiency and appropriateness do not exist and that the development of alternatives is not practicable;

14.1.d. Existing facilities providing similar services to those proposed are using those services in an appropriate and efficient manner;

14.1.e. In the case of new construction, alternatives to new construction have been considered and have been implemented to the maximum extent possible, including modernization and sharing arrangements;

14.1.f. Patients will experience serious problems in obtaining care of the type proposed in the absence of the proposed new service; and

14.1.g. In the case of a proposal for the addition of beds for the provision of skilled nursing or intermediate care services, the addition will be consistent with the plans of other agencies of the state responsible for the provision and financing of long-term care facilities or services including home health services.

14.2. If the board finds that the facility or service with respect to which a capital expenditure is proposed by the applicant is required to eliminate or prevent imminent safety hazards as defined by federal, state or local fire, building or life safety codes or rules and regulations, to comply with state licensure requirements, or to comply with accreditation or certification standards, and that the obligation of the capital expenditure is consistent with the State Health Plan, then the board shall approve the application to the extent that the capital expenditure is required to eliminate the hazards or meet the standards of accreditation or certification.

14.3. If the board disapproves a proposed new institutional health service for its failure to meet the needs of medically underserved populations, the finding shall be in writing.

14.4. The final decision of the board upon an application or exemption shall be in the form of an approval, a denial or an approval with conditions. If the approval is with conditions, the board shall not impose upon the applicant a new institutional health service not originally proposed by the applicant. The board may only issue a certificate of need with conditions if the conditions directly relate to the criteria found in the Act or any rule promulgated by the board. Conditions may be imposed upon the operations of the applicant for a period not exceeding three (3) years.

14.5. The board shall send its decision by certified mail to the applicant and to any affected party. The board shall also make the decision available to other persons upon request and on payment of the cost set out in the fee schedule adopted by the board. The board shall also publish notice of the decision in the Saturday Charleston newspapers.

14.6. If the application is for an expedited review pursuant to section 8 of this rule, or if the application falls within batching category (h) of subsection 10.1 of this rule, the board shall issue its final decision before the sixty-fifth (65) day of the review cycle unless the review period is extended pursuant to the provisions of section 13 of this rule.

14.7. For the purposes of this rule, the date upon which the affected person filing the request for review received notice of the board's decision means the date upon which legal notice of the decision appears in the Saturday Charleston newspapers.

14.8. An applicant shall not file any application for a new institutional health service for which a certificate of need has been denied by the board for a period of one year from the date that the case has reached a final resolution. This prohibition does not apply if the State Health Plan standards relating to the new institutional service are amended after the date of the decision to the extent that an approval of the application would be required by the board.

Notes

W. Va. Code R. § 65-7-14